Davidson

The petitioner is seeking by writ of mandate to compel the defendant, the Superintendent of Schools of Marin County, to call an election to choose a school board for the government of the high school of the city of San Rafael, in said county.

Prior to 1912 San Rafael was a city of the fifth class and, with some outlying contiguous territory, constituted an elementary school district. Within this district a high school was organized and maintained, thereby constituting the district a city high school district under section 1721 of the Political Code, which provides that “any city school district which has been for a period of one year preceding the taking effect of this section established and maintained as a high school within such district shall be deemed to be and constitutes a city high school district.”

Subsequently, under proceedings duly had for that purpose, the city of San Rafael adopted a municipal charter and thereafter organized and operated thereunder.

Such charter contains the following provisions relating to the organization and government of its public schools:

It will be observed that these charter sections are general in their terms as applied to elementary or…